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The remarriage rule for widow's benefits only applies when you remarry someone OTHER than your deceased spouse. Since you remarried your same husband (not a different person), the "remarriage before age 60" restriction doesn't apply to your situation. When your husband passes away, you should be eligible for widow's benefits based on his earnings record, regardless of the fact that you remarried him before age 60. The key distinction is that you didn't marry a new person - you reconciled with and remarried your original spouse. I'd recommend contacting your local SSA office to confirm this applies to your specific situation and get it documented in your records.
@Laila Prince Thank you. The before age 60 rule for widow s'benefits is very confusing.
i got so confused about all this that i paid for a consultation with a financial advisor who specializes in social security. cost me $300 but honestly it was worth it because this stuff is COMPLICATED!! especially with the survivor stuff and working while collecting. might be worth looking into?
That's not a bad idea. Did you find someone local or use an online service? I'd be interested in getting a recommendation if you were happy with them.
I'm in a similar boat as a newcomer to all this - lost my husband last year and I'm 62 working full time. From reading all these responses, it sounds like the key things to understand are: 1) The earnings test will likely eliminate your benefits completely if you're significantly over the $23,400 limit, 2) You should still apply to establish eligibility even if you can't collect right now, and 3) Consider whether your own retirement benefit at 70 might be higher than the survivor benefit. One question I have after reading all this - if I apply now but can't collect due to earnings, do I still get the delayed retirement credits on my own record if I wait until 70 to switch? Or does applying for survivor benefits affect that somehow? This is all so confusing but everyone's experiences here are really helpful!
Great question about the delayed retirement credits! From what I understand, applying for survivor benefits doesn't affect your own retirement record's delayed retirement credits. Those are two separate benefits - survivor benefits are based on your late husband's record, while your own retirement benefits continue to earn delayed credits until age 70 regardless of whether you're collecting survivor benefits. So you should still be able to maximize your own benefit by waiting until 70, even if you apply for (but don't collect) survivor benefits now due to the earnings test. But definitely confirm this with SSA since the interaction between different benefit types can be tricky!
Thank you everyone for all the helpful information! To summarize what I've learned: 1) My rental income (both US and Portugal) won't reduce my Social Security benefits 2) Since I'll be at FRA (67), the earnings test won't apply to me anyway 3) I need to watch out for the taxation thresholds since rental income could make more of my SS benefits taxable 4) I should look into the tax treaty between US and Portugal 5) I need to be aware of FBAR requirements for the foreign account This is such a relief! I'll talk to my tax advisor about the taxation issues, but I'm glad my actual benefit amount won't be reduced. Thanks again to everyone who responded!
Great summary Carmen! You've got all the key points covered. Just want to add one more thing that might be helpful - since you mentioned you're turning 67 next year, make sure to apply for your Social Security benefits about 3 months before you want them to start. The application process can take some time, and you don't want any delays in getting your first payment. Also, regarding the Portugal rental income - you'll want to convert those euros to dollars using the average exchange rate for the tax year when reporting on your US tax return. Your tax advisor should be able to help with that, but it's good to keep records of the exchange rates you use. Congratulations on your upcoming retirement!
This is really helpful advice about applying 3 months early! I had no idea the process could take that long. I was planning to wait until closer to my birthday, but I'll definitely start earlier now. And good point about the exchange rate documentation - I've been keeping track of the euro income but not the exchange rates. Thanks for the tip!
I'm really sorry you're going through this Carmen. The combination of WEP and GPO can be devastating for educators and other public servants. Just to add to what others have said - when you do get that appointment at SSA, make sure to bring all your documentation: your teacher's pension award letter, your complete work history, and any W-2s or 1099s from your covered employment years. One small thing that might help - if you have any years where you worked both teaching and a covered job simultaneously, those earnings might count differently in the WEP calculation. Also, some teachers worked summer jobs or substitute taught in districts that DID pay into Social Security, which could add to your covered quarters. The system really is unfair to people who dedicated their careers to public service. I hope the appointment gives you at least some clarity, even if the outcome isn't what you're hoping for. Hang in there!
This is such helpful advice about bringing documentation to the appointment! I never thought about summer jobs or substitute work potentially counting differently. I did work some retail jobs during summers early in my teaching career, and I think a couple of those might have been in districts that paid into Social Security. It's probably a long shot, but worth investigating every angle at this point. Thank you for the encouragement - it really means a lot to hear from someone who understands how frustrating this whole situation is for public servants.
Carmen, I feel your frustration - the WEP/GPO rules are incredibly complex and can be devastating for educators. One thing I'd add to the excellent advice already given: when you visit the SSA office, ask them to show you exactly how they calculated your WEP reduction on your own benefit. Sometimes there are errors in how they apply the formula, especially if you have a mix of covered and non-covered years. Also, since you mentioned working some covered jobs before teaching, make sure they're using the correct "substantial earnings" years in the WEP calculation. The threshold changes annually, and jobs from decades ago might qualify as "substantial" even if they seemed small at the time. I know it's a long shot given your pension amount, but sometimes there are nuances in the GPO calculation that aren't immediately obvious. The 2/3 reduction isn't always straightforward, especially if there were any periods where you paid into Social Security while teaching. Keep advocating for yourself - you paid into the system during those 15 covered years and deserve to have every detail reviewed carefully. Good luck with your appointment!
Mateo Rodriguez
Just to summarize what's been shared: you made the right choice filing at your FRA for your own benefit of $2200. When your husband files at 70, you'll continue receiving your own benefit since it exceeds what you'd get as a spouse (which would be 50% of his PIA, not 50% of his age-70 amount). Most importantly, if he predeceases you, you would step up to his full $3800 monthly benefit as a survivor. This is exactly why financial advisors often recommend the higher-earning spouse delay benefits until 70 - it creates a form of "longevity insurance" for the surviving spouse.
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Nia Thompson
•Thank you for this clear summary! I feel much more confident about our strategy now. It's such a relief to know I'd receive his full $3800 benefit if he passes before me. That was my biggest concern.
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Zara Rashid
As a newcomer here, I just wanted to say thank you to everyone who contributed such helpful explanations! I'm approaching a similar situation with my own Social Security planning and this thread has been incredibly educational. The distinction between PIA vs. age-70 benefits for spousal calculations was something I didn't understand before. It's also reassuring to see how the survivor benefit works - that seems like such an important protection for couples where one spouse earned significantly more. One thing I'm curious about - does anyone know if there are any annual limits or caps on survivor benefits? Or would Nia really get the full $3800 monthly that her husband would be receiving at age 70?
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Paolo Longo
•Welcome to the community! Great question about survivor benefit limits. There are no annual caps on survivor benefits themselves - Nia would indeed receive the full $3800 monthly that her husband would be getting at age 70. However, survivor benefits can be subject to the overall family maximum, though this rarely affects a surviving spouse when they're the only beneficiary. The survivor benefit essentially replaces the deceased spouse's benefit, so if he was entitled to $3800 at age 70, that's what she'd receive. The only potential reduction would be if she claimed survivor benefits before her own full retirement age, but since she's already at FRA, she'd get the full amount.
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